Mayor & Board of Trustees

Village Board of Trustees Regular Meeting February 16, 2021 7:30 p.m. A Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor, New York was held remotely via Zoom on the 16th of February, 2021 commencing at 7:30 p.m. Present Steven A. Vescio, Mayor Peter S. Chatzky, Deputy Mayor Kevin Hunt, Trustee Edward E. Midgley, Trustee Sabine Werner, Trustee Also Present Philip Zegarelli, Village Manager Dan Pozin, Village Attorney Christine Dennett, Village Clerk David Turiano, Village Engineer Pledge of Allegiance COVID Update from County Executive George Latimer County Executive George Latimer reviewed the number of COVID cases in the County and the process for getting vaccinated. Mayor Vescio thanked County Executive Latimer for serving the residents of the County and stated the Board was proud to have him representing the Village. Ms. Mitzi Elkes of 23 Hirst Road asked about how the vaccines left unused at the end of the day could be received by people. County Executive Latimer stated they took every measure they could to administer all vaccine doses. Mrs. Rachel Leihbacher of Oak Road stated she was having trouble scheduling her son for a vaccine even though he was qualified. County Executive Latimer gave Mrs. Leihbacher his email address and asked her to reach out so he could assist. Continuation of Public Hearing - 218, Wetlands (Formerly Chapter 131) 1 Deputy Mayor Chatzky gave a synopsis the proposed changes. Ms. Mitzi Elkes of 23 Hirst Road read a letter into the record from the Pocantico Watershed Alliance. Mrs. Jessica Vecchiarelli of 97 Locust Road thanked the Board for all the work they did and stated she supported the proposed changes. Mr. Stanley Goldstein commended the Board for their efforts. Mr. Roger Battacharia of 16 Holbrook Lane commended the Board for their hard work to protect and preserve the wetlands. Mr. Kamran Parandian of 48 Old Sleepy Hollow Road stated he followed the progression of the law and thanked the Board for their work. He stated some of the changes undercut some of the protections from previous drafts. Mrs. Rhea Mallett of 57 Old Sleepy Hollow Road echoed the comments on the work the Board put in and appreciated all they did to protect and preserve the wetlands and thought they struck a good balance. Upon motion by Trustee Werner, seconded by Trustee Midgley, the Board voted unanimously to close the public hearing. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: ADOPTING VILLAGE OF BRIARCLIFF MANOR CHAPTER 218 WETLANDS WHEREAS, the Village of Briarcliff Manor Board of Trustees (“BOT”) seeks to support recommendations made in the 2007 Village Comprehensive Plan with respect to the protection of wetlands (Comprehensive Plan Land Use Objective #2: Protection of Wetlands); and 2 WHEREAS, in February of 2020, the BOT set out to update and clarify the Village Wetlands Law (Village Code Chapter 131). In doing so, the BOT had six major goals:  Adopt a standardized definition for wetlands;  Distinguish between “natural” wetlands/water courses and man‐made drainage channels/stormwater measures;  Require site‐specific field review to determine wetland boundaries;  Clarify permitted activities in wetland and buffer areas;  Clarify Planning Board authority;  Define the application/review/appeal process; and WHEREAS, in addressing the goals outlined above, the BOT prepared proposed amendments to the existing Village Code Chapter 131 (“proposed regulations”) which are more protective of the Village’s important wetland resources than the existing regulations by further limiting development activities within a wetland and wetland buffer and regulating both freshwater and tidal wetlands. New structures will no longer be permitted within 50‐100 feet of a wetland, except for accessory structures such as pools and sports courts; and WHEREAS, the new proposed regulations would regulate all Village wetlands including tidal wetlands associated with the Hudson River, therefore the proposed regulations replace the existing Village Code Chapter 131 Freshwater Wetlands with a new Chapter 218 Wetlands; WHEREAS, the proposed Wetlands regulations were discussed at a duly noticed public hearing opened on October 6, 2020 and closed on February 16, 2021 during which time all persons wishing to comment upon the proposed regulations were permitted the opportunity to do so; and WHEREAS, at its November 12, 2020 meeting, the BOT referred the proposed regulations to the Planning Board for a recommendation and via memorandum dated December 11, 2020 the Planning Board offered comments on the proposed regulations; and WHEREAS, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, the BOT has determined that the proposed regulations constitute an Unlisted Action under the New York State Environmental Quality Review Act (“SEQRA”) ; and WHEREAS, the BOT directed BFJ Planning to complete Parts 1, 2 and 3 of a short Environmental Assessment Form (“EAF”) pursuant to SEQR, and said EAF was submitted to the BOT dated January 21, 2021; and 3 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The BOT hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The BOT, pursuant to Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, hereby declares itself lead agency for this action. 3. In accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and based upon the review of the Short EAF Parts 1, 2, and 3 and all other application materials that were prepared for this action, the BOT hereby adopts a Negative Declaration for the proposed action and determines that the proposed action will have beneficial impacts on the natural resources of the Village. The purpose and intent of the amendments are to support recommendations made in the 2007 Village Comprehensive Plan with respect to the protection of wetlands (Comprehensive Plan Land Use Objective #2: Protection of Wetlands) and the proposed amendments are more protective of the Village’s important wetland resources than the existing regulations by further limiting development activities within a wetland and wetland buffer and regulating both freshwater and tidal wetlands. 4. The BOT hereby adopts the proposed Chapter 218 Wetlands, dated February 12, 2021. This resolution shall take effect immediately. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the proposed local law to add a New Chapter 218, Wetlands (Formerly and Replacing Chapter 131, Freshwater Wetlands) of the Code of the Village of Briarcliff Manor is hereby adopted. Roll Call: Trustee Hunt Aye Trustee Werner Aye 4 Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Public Hearings: Sleepy Hollow Country Club – Special Use Permit Amendment Upon motion by Trustee Werner, seconded by Trustee Midgley, the Board voted unanimously to open the public hearing. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Village Engineer Turiano explained the multi-Board review process. Mr. Paul Brock, General Manager of Sleepy Hollow Country Club, stated they were excited to get the project started and to make the Club ADA compliant. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to close the public hearing. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: WHEREAS, by resolution dated May 17, 2007 the Board of Trustees of the Village of Briarcliff Manor approved the application for special permit approval submitted by Sleepy Hollow Country Club (the “Club”) for its operation as a “[c]lub... not operated for gain” under Village Code §220-6(J)(6) (the “Special Use Permit”) at its current location consisting of the following parcels designated on the Village's Tax Maps as Section 104.08, Block 1, Lot 51; Section 104.11, Block 5 1, Lot 41; Section 104.12, Block 1, Lot 1; Section 104.12, Block 1, Lot 6; Section 104.16, Block 1, Lot 7; Section 104.16, Block 1, Lot 10; and Section 105.09, Block 1, Lot 1 and commonly known as 777 Albany Post Road, Scarborough, New York (“Property”); and WHEREAS, the Special Use Permit has been amended from time to time, most recently by Resolution adopted by the Board of Trustees on June 4, 2019; and WHEREAS, the Club has applied to the Board of Trustees to further amend the Special Use Permit relative to improvements to the grill room entrance including the replacement of the existing steps, modification and enhancements to the awning, the installation of an elevator for improved handicap access and minor modifications to the curbing and parking at the entrance resulting in approximately 3,279 square feet of disturbance (the “Project”); and WHEREAS, pursuant to Village Code Section 220-6(C), the Board of Trustees referred the application for amendment of the Special Use Permit to the Planning Board for report and recommendation; and WHEREAS, at its meeting of February 11, 2021, the Planning Board (i) authorized a memorandum to be forwarded to the Board of Trustees by which the Planning Board recommended approval of the amendment of the Special Use Permit relative to the Project, and (ii) adopted a Resolution of Amended Site Plan Approval for the Project expressly conditioned upon the Board of Trustees granting special permit approval for the Project pursuant to Village Code § 220-6; and WHEREAS, the Board of Trustees has reviewed a Short Environmental Assessment Form submitted by the Applicant and has determined that the Project is an Unlisted action in accordance with the New York State Environmental Quality Review Act ("SEQRA"); and WHEREAS, the Project does not change the Club’s use of the Property, and the character, intensity, size, and location of the Club’s use of the Property is not materially changed by the Project; 6  NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees determines that the Project will not significantly alter the existing use or development of the Property and in accordance with SEQRA that the Project will not have a significant impact upon the environment; and BE IT FURTHER RESOLVED, that the Special Use Permit for the Club is hereby amended for the purpose of and to the extent necessary to accommodate and incorporate the Project, and BE IT FURTHER RESOLVED, that all terms and conditions of the Special Use Permit for the Club as same has been amended from time to time are hereby restated and incorporated into this Resolution by reference as if recited in full shall remain in full force and effect; and BE IT FURTHER RESOLOVED, that except as otherwise provided herein, all other terms and conditions of the Special Use Permit as amended from time to time shall remain in full force and effect; and BE IT FURTHER RESOLVED, that the foregoing resolution of the Board of Trustees of the Village of Briarcliff Manor is hereby approved. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye St. Theresa’s Church and School – Special Use Permit Amendment Upon motion by Trustee Werner, seconded by Trustee Hunt, the Board voted unanimously to open the public hearing. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye 7 Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Public Hearing to hear and consider an application to amend a Special Use Permit issued to St. Theresa’s Church/School is hereby adjourned to April 20, 2021 at 7:30pm or soon thereafter to be held either via in- person meeting, or Zoom Video Conference, depending on the State’s directives about gatherings under NY on Pause. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Board of Trustees Announcements  The Westchester County Mobile Shredder will be in the Village on February 27th from 10am-1pm.  The Library has many virtual programs and curbside pickup available. Visit their website for more information. They will be doing a survey to see what services residents are interested in.  The BMFD offered tips for using fire extinguishers.  There are several Recreation Programs available. Platform Tennis, a Running Club, Senior Shopping and many more. Sign up for their E-News and visit their site for more information.  Pool and Camp Information will be available soon and summer hiring has begun.  Join the Rotary Club.  There is a continued call for support for Route 9A safety. A link will be on the website. Village Manager’s Report by Village Manager Zegarelli  The next Police Reform Committee meeting is scheduled for February 22nd. The draft report is being worked on.  A SAM grant was filed for the Fire Department.  Heat Smart Westchester is a program available to residents.  Court is fully remote. Village Engineer’s Report by Village Engineer Turiano  The Village Hall ADA Project is being reviewed.  The Streetscape Project was presented during the work session. 8   Cross Access Easement Plans are being worked on. PDE has sent over new plans for review. I will circulate this week to the Board for thoughts and recommendations.  The Long Hill Road Pump Station is being decommissioned and a meeting will be scheduled with the DEP to take next steps on this project.  There are some delays at the Cell Tree driven by lack of response from T-Mobile and Sprint, Dan Pozin’s office has put them on notice and we hope to have resolution shortly. Committee Reports Beautification Committee:  Streetscape Plantings are being reviewed. Recreation Advisory Committee:  A socially distanced Egg Hunt is being planned for March 27 th as well as another spring event. More details to follow.  The next meeting will be via zoom on March 10th. Library Board:  No report. Police Outreach Report  The draft Police Reform Advisory Committee report will be reviewed at the next meeting. Public Comments Mrs. Betsy Mitchell of Long Hill Road stated some of the trees chosen for the Streetscape Plan needed to be rethought. Mr. Rob Osterhaudt of Albany, New York stated he represented a business owner on Pleasantville Road and further stated they looked forward to working with the Village. Mrs. Dawn Orza of 35 Tulip Road stated the proposed canopy trees in the Streetscape Plan were in an area that was too narrow. She further stated she appreciated a grassy area as a frequent pedestrian. Mrs. Brooke Beebe of Elm Road stated the Beautification Committee would review the Streetscape Plans and would get comments back to the Village. Budget Transfers Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: 9  BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers for FY 2020-2021: Budget Code Budget Code (Use Acct (Use Acct Format Department/Account Amount Format Department/Account A1325.407) Description From A1325.407) Description Amount To Street Maintenance Water-Materials & Buildings General - A5110.420 Supplies $4,155.00 A1620.420 Materials & Supplies $4,155.00 Street Maintenance Water-Materials & Community A5110.420 Supplies $466.77 A8510.496 Beautification -Trees $466.77 Refuse Collection & Street Maintenance Disposal General- Water-Personal Personal Services: A5110.111 Services: Differential $2,000.00 A8160.111 Differential $5,000.00 Refuse Collection & Disposal General- A8160.201 Equipment $3,000.00 Recreation-Parks & Playgrounds General- Gen Repair And A7110.211 Maintenance $10,000.00 A8160.435 Garbage Disposal $10,000.00 Central Garage General Central Garage General -Heavy Equip/Veh -Veh Repair & Maint - A1640.219 Repair & Maint $15,000.00 A1640.221 Sanitation $15,000.00 $34,621.77 $34,621.77 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye 10 Mayor Vescio Aye Authorize Village Manager to Accept a Proposal and enter into an Agreement with Crafco Inc./Copeland Coating & Sports Surfaces for the Chilmark Park Acrylic Color Coating Project Upon motion by Trustee Werner, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: WHEREAS, the Village of Briarcliff Manor (VBM) issued a Request for Quotes (RFQ) for Acrylic Color Coat Resurfacing of the 6 newly resurfaced courts at Chilmark Park and called for proposals to be submitted by February 3, 2021, WHEREAS, two (2) proposals were received ranging in cost from $22,850 to $24,000; and WHEREAS, the lowest responsible proposal was by Crafco Inc./Copeland Coating & Sports Surfaces in the amount of $22,850; NOW, THEREFORE, BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a contractual agreement with Crafco Inc./Copeland Coating & Sports Surfaces for Acrylic Color Coat Resurfacing at Chilmark Park. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Minutes Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the minutes of February 2, 2021. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye 11 Adjournment The Board wished a Happy Birthday to Susan Chatzky. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to adjourn the Meeting at 9:29pm. Respectfully Submitted By, Christine Dennett Village Clerk 12